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SAJEEV @ SAJI versus STATE OF KERALA

High Court of Kerala

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SAJEEV @ SAJI v. STATE OF KERALA - Bail Appl No. 6121 of 2006 [2006] RD-KL 1167 (16 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6121 of 2006()

1. SAJEEV @ SAJI,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.S.MANU

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

Dated :16/10/2006

O R D E R

J.M.JAMES, J.

B.A. 6121/2006

DATED THIS THE 16TH DAY OF OCTOBER, 2006

O R D E R

The petitioner is accused of the offfence punishable under Sections 3 and 25(1)(a) of the Arms Act, in crime No.611/2006 of Perumbavoor Police Station. It is alleged that on 10.8.2006 at 1.00 a.m, he was found with an unlicensed country made revolver at the K.S.R.T.C bus stand at Perumbavoor. He was arrested and he remains in judicial custody from 10.8.2006 onwards.

2. The prosecution submitted that there are number of criminal cases registered against him and the investigation is yet to be completed regarding the source of possession of the fire arm, and other details and connections, which the petitioner had got in relation to the possession of the fire arm. The counsel for the petitioner, however, submitted that the petitioner had got bail in all other crimes, that had been registered against him. Under Section 167(2) Cr.P.C, the petitioner is B.A.6121/2006 2 entitled to get bail after sixty days, if the investigation is not complete.

3. The Director General of Prosecution submitted that the opinion of the ballistic expert has not yet been received and other connections have not yet been ascertained.

4. Considering the materials that are placed before me, together with the duration of the judicial detention, I grant bail and release the petitioner from jail, subject to the following conditions:-

(a). The petitioner shall execute a bond for Rs.50,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class, Perumbavoor.

(b). The petitioner shall report before the Investigating Officer, once in a week on every Thursday, between 10.00 a.m and 11.00 a.m., for a period of six months, starting from 19.10.2006, and thereafter, on the first working day of B.A.6121/2006 3 every month, between the same timings, till the completion of the trial and final disposal of the case.

(c). The petitioner shall not leave the State of Kerala, until the completion of the trial and final disposal of the case

(d). The petitioner shall not interfere with the investigation in any manner, or attempt to influence or threaten the witnesses or cause any hindrance to the smooth conduct of the trial. The application is allowed as above. J.M.JAMES

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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